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Cabot-Is this enforceable?


KittyCat1
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Hi

I had a littlewoods catalogue,balance has now been bought by cabot.After reading a few posts regarding catalogue debt and cabot financial,I CCA'd them and received this.I just wondered if someone could take a look to see whether what they've sent equates to an enforceable credit agreement before i make any payments to cabot.

 

LitCat.jpg?t=1219089765

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Well they added £50 to the balance just to tell me they bought the debt.

Is there a template letter i can send them or does anyone know exactly what i should say/do to make sure i only pay what i owe if it states 0% interest.

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Do i write to them asking them to freeze the interest on the account or should i state that the account is 0% interest as per the credit agreement so the rate is to stay the same with them or..

Can someone please point me in the right direction as i want to reply to them asap before they write to me again and add another £50 for the next letter.

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Do i write to them asking them to freeze the interest on the account or should i state that the account is 0% interest as per the credit agreement so the rate is to stay the same with them or..

Can someone please point me in the right direction as i want to reply to them asap before they write to me again and add another £50 for the next letter.

 

Kitty -

 

DON'T BE BULLIED by this shower of xxxx.

 

Cabot are more than happy to sing off the hymn sheet that says "We bought the account and all the rights etc to that account" In other words, if your account was liable to, say, a 5% interest charge, then they'd add that said 5%. In this case, it's 0%, so if you're not disputing the debt, and are happy to pay- then that's fine, they can't and won't (or should I say shouldn't - this is Cabot after all) add any interest.

 

Cabot should be well aware that they have no right to add ANY interest, you shouldn't point that out to them- just wait and see if they do, and if they do then you can nail their dangly bits to the wall.

 

As for the £50 charge to send you a letter- I'd tell them to go insert themselves into themselves. A £50 admin charge is the same as a £38 bank charge - they gotta prove it costs them £50, which they won't be able to, so I wouldn't pay it.

 

If you're happy to pay the outstanding amount, then send Cabot a letter saying something like this:

 

Dear XXXX

 

I acknowledge the balance of this account as being £xxx (

 

Please note that I DO NOT accept or recognise any of your admin charges and will not be paying these. If you wish to take me to court over any outstanding admin charges in the future then please advice me of your intended course of action. Until that time, I will continue to pay £xx per month until the ORIGINAL balance is cleared.

 

Yours sincerley

 

XX

Just hate every DCA out there

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Thankyou very much for the reply pmhcfc.

Thats just what i thought regarding the interest.Just looked at my last letter from cabot and they've increased the amount by £100,£50 for a letter last week and £50 for the letter a few days ago.Unbelievable they can do this.I just thought they may be able to get away with this and put it down to admin costs,as they do.I'll get a letter off to them right now.As i said,i don't dispute what i owe and i'll pay it all back in installments,just unreal they add charges like this when they know they can't.

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Totally confused now.Wrote a letter to cabot this morning and was all set to send it off.Received mail and had a letter from littlewoods with a photocopy of the agreement,same as photo in first post,and a letter telling me the account has now been assigned to Phoenix Recoveries??

So,is it with cabot or phoenix?Do i acknowledge the debt with cabot with repayment plan telling them to stick they're charges,or do i wait to hear from phoenix???Has anybody heard of phoenix?What shall i do?

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Well,i originally CCA'd cabot and they exceeded the time to get the above agreement to me,so i sent them the final letter telling them so,then about a week later i got the agreement in the photo from them with more charges added.Was all set to acknowledge it,now littlewoods tell me phoenix have it??It does sound like cabot sent it back to littlewoods and littlewoods sold it on to phoenix,but i got the photo and agreement from cabot on saturday,so surely they wouldn't of had time to dump it back on littlewoods and for phoenix to take it on??

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From the sound of all this i dont think cabot actually bought it, so it could all happen that quickly, just a thought phoenix may be part of the Bryan Carter empire,(very dodgy), i may be wrong, others will correct me im sure, when you get the letter from them just make sure there's no cabot charges on it.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Communication is not among their strong points.

 

Littlewoods own the agreement, (unless they just sold it to Phoenix), take their word for it.

 

Deal with this on a shout basis. (You will hear soon enough who has it.)

 

David

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So basically i should just sit tight and wait to see what i get in the post.I will keep an eye on the charges from cabot though.I have a feeling you guys may be right and phoenix now have it but with the extra charges added from cabot.If phoenix write to me which after the letter from littlewoods today i'm sure they will,i can just basically send them the same letter i was going to send cabot today regarding the 0% interest - i'll pay in installments but only the original balance.

I'm just wondering whether to send my letter to cabot though as its strange as the letter i had off littlewoods saying the debt is with phoenix was dated the same date as cabots last letter.Also,the letter littlewoods sent was just a standard comp generated letter with blanks filled in if you get what i mean,so i'm wondering if it could still be with cabot and the person who sent the littlewoods letter just filled it in with phoenix instead of cabot by mistake???

Having a look on google at phoenix DCA they look and sound really really dodgy (moreso than other DCA's) and are more than happy to just take you to court if you don't do everything on their terms.

Edited by KittyCat1
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Having a look on google at phoenix DCA they look and sound really really dodgy (moreso than other DCA's) and are more than happy to just take you to court if you don't do everything on their terms.

 

According to their website payphoenix.com they are "the collection agency you can trust"

 

Oh! Thats all right then.

 

Seriously, don't worry about it, just hit them with the CCA when they show up.

 

David

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  • 2 weeks later...

Right,well the debt is still with cabot.I wrote them a letter telling them the amount i could afford to pay per month,and that under no circumstances would i be paying interest because of the 0% interest on the account.They sent me a budget form,but before i had chance to send it back,i received a letter with a payment card attached and saying they'll accept my payments.This is all well and good so i thought,however,when i had a look at the amount they say i owe,its higher than originally owed as they've added an extra £200 onto the original balance.Can they do this??

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I suggest you keep paying the instalments until you have paid what you know is the amount owed and then stop. They would look pretty stupid bringing a claim for unlawful charges.

Make sure you keep receipts for all the money you pay.

 

You can always argue with them by letter meanwhile , if you feel inclined to do so.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Ok thanks.I thought i'd write to them tomorrow though as the first installment isn't due until the end of the month.I was thinking of reminding them again that they couldn't add interest as its a 0% interest account and for them to give it to me in writing the full and true balance owed and then once i'd received this off them i could commence the agreed payment for the correct balance owed.What do you think?Would i be wasting my time asking for this as they've ignored what i've said regarding the balance owed so far.

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One thing that concerns me though is that it says under terms of arrangement "We'll review your account regularly,including the interest rate we charge and your monthly payment amount"

I didn't think they could charge an interest rate though??as its set at 0% when they bought it??confused!!

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